CopyPublished | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 56855
...mpair that right. As noted earlier, §
626.937 states that an unauthorized insurer "may be sued upon any cause of action arising. . . under any surplus lines insurance contract issued by it . . . pursuant to the same procedure as is provided in [§]
624.423 as to authorized insurers." [15] Fla....
...By contrast, §
626.937 is procedural in nature and is not impaired or superceded by Prescott's agreement to arbitrate *1325 issues involving the interpretation of its contract with Lexington. The court further notes that if the FAA invalidated §
626.937, concerning unauthorized insurers, it would also invalidate §
624.423, supra note 15, because §
626.937 specifically incorporates §
624.423's means for serving process on authorized insurers....
...Zota,
985 So.2d 1036, 1040 n. 2 (Fla.2008). Section
626.937 states that an unauthorized insurer "may be sued upon any cause of action arising . . . under any surplus lines insurance contract issued by it . . . pursuant to the same procedure as is provided in [§]
624.423 as to authorized insurers." [9] The parties concede the FAA is not related to the business of insurance and that the statutes Prescott relies on regulate the Florida insurance industry....
...heavy burden of proof" based on federal policy favoring arbitration. Stone v. E.F. Hutton & Co. Inc.,
898 F.2d 1542, 1543 (11th Cir.1990); see also Belke v. Merrill Lynch, Pierce, Fenner & Smith,
693 F.2d 1023, 1025 (11th Cir. 1982). [15] Fla. Stat. §
624.423(1) provides for service of process on an authorized insurance company's chief financial officer or assistants....
CopyPublished | Florida 1st District Court of Appeal
...paralegals’
fees. §
624.422(1), Fla. Stat. (2014). We therefore reverse and
remand for a hearing to determine the amount of fees to be
awarded to Markovits.
As required by law, the complaint was served on the CFO.
See §§
48.151,
624.422,
624.423, Fla. Stat. (2014). The CFO was
served on February 4, 2014, and his office forwarded the
complaint to State Farm on February 7, 2014. See §
624.423(1),
Fla....
...its attorney to receive service of all legal process issued
against it in any civil action or proceeding in this state;
and process so served shall be valid and binding
upon the insurer.
(Emphasis added).
While State Farm points to section 624.423, which states,
(3) Process served upon the Chief Financial Officer
and copy thereof forwarded as in this section
provided shall for all purposes constitute valid and
binding service thereof upon the insurer.
(Emphasis added).
In Centex-Rodgers Construction Company v....
...1st DCA
1992), we discussed “whether service on a foreign corporation and
its surety is perfected through service on the Insurance
Commissioner’s office, as agent of the surety.” At the time, the
Insurance Commissioner was the statutory agent under sections
48.151,
624.422, and
624.423, but the statutes were otherwise
almost identical to the 2014 versions....
